PRIVATE HEALTH
AND CHARITABLE SECTOR EMPLOYEES SUPERANNUATION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices
of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 1206 and 1207 of
2001)
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Before Mr Deputy President Grayson
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13 June 2001
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REVIEWED AWARD
1. Index
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Clause No.
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Name
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1.
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Index
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2.
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Parent Awards
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3.
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Definitions
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4.
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Superannuation Contributions
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5.
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Casual Employees
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6.
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Qualifying Period
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7.
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Area, Incidence and Duration
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2. Parent Awards
This award shall be read in conjunction with the following
parent awards Aged Care General Services (State) Award; Charitable Sector, Aged
and Disability Care Services (State) Award; Charitable, Aged and Disability
Care Services (State) Award; Nursing Home Professional Employees (State) Award;
Charitable Institutions (Professional Paramedical Staff) (State) Award;
Charitable Institutions (Professional Staff Social Workers) (State) Award;
Private Hospital Employees (State) Award; and the Private Hospital Professional
Employees (State) Award; or any replacements thereof.
3. Definitions
(i) "The
Approval fund". For the purposes
of this Award all reference to "the approved fund" shall mean:
(a) The Health Employees' Superannuation
Trust Australia (H.E.S.T.A.) established and governed by an employer’s
agreement as may be amended from time to time, and includes any superannuation
scheme which may be made in succession thereto.
(b) Any other complying fund as agreed
between the parties provided such fund is approved as conforming to S.I.S.
legislation.
(c) Any existing complying superannuation
scheme operating within a place of employment subject to this Award as at the
date of this Award, provided firstly that the Association and its members agree
to the continued operation of that scheme, and secondly that such scheme
conforms to S.I.S. legislation.
NOTATION:
Prior to the
date of this award becoming operative in any place of employment, an employer
shall ensure that the "approved fund(s)" has been nominated. Subject to practicability an employer shall
ensure commonality of superannuation exists within the place of employment and
nothing within this award shall obligate an employer to contribute to
superannuation schemes which have not been nominated as of the date of
operation of this award.
(ii) "Ordinary time earnings" shall
mean remuneration for an employees weekly number of hours of work, excluding
overtime hours, calculated at the ordinary time rate of pay, and in addition
thereto shall include, where applicable, the following:‑
(a) Monday to Friday shift premiums for
ordinary hours of work;
(b) Weekend shift premiums for ordinary
hours of work;
(c) Any percentage addition payable for
permanent part-time, part‑time or casual employment for ordinary hours of
work;
(d) Broken-shift allowances;
(e) Special allowances for educational
qualifications as prescribed by the parent awards as defined in clause 3
(f) Over-a-award payments for ordinary
hours of work;
(g) Leading hand allowances.
(h) Service allowance.
(iii) "Leave without pay" shall
include all periods of unpaid working time in excess of one week, but shall not
include such periods where the employee is absent from work due to an injury
sustained at work and/or is receiving workers' compensation benefits.
(iv) "Employer" shall mean any
facility or organisation employing persons who come under the parameters of the
said parent awards.
(v) "Association"
shall mean The Health and Research Employees' Association of New South Wales.
(vi) "S.I.S.
Legislation" shall mean the Superannuation
Industry Supervision Act 1988.
4. Superannuation Contributions
(i) Except as provided in Clause 5, Casual
Employees, the employer shall, in respect of each employee, pay a sum equal to
the Superannuation Guarantee legislation, as amended, from time to time, of the
employee's gross ordinary time earnings into the approved fund provided that:
(a) Each employee shall nominate a complying
fund to which the employer contributions shall become payable. Provided that only H.E.S.T.A. or any other
fund that is a complying fund for that employee's place of employment, can be
nominated.
(b) The employer shall pay said sum at least
monthly to the trustees of the approved fund on behalf of each employee who is
a member of such fund. Provided that
any contribution shall be in conformity with the rules of the relevant trust
deed or any deed of adherence or other agreement covering the payment of contributions.
(c) Such contribution shall be calculated on
the ordinary time earnings received by the employee during the preceding pay
period.
(d) Said sum shall not be in addition to any
superannuation payment currently being made by the employer in respect of the
employee under the Wage Fixation principle as set down, from time to time, by
the Australian Industrial Relations Commission in the National Wage Case
Decisions. Provided that such existing
payment is as a consequence of an industrial award or agreement registered with
the Australian Industrial Relations Commission or the Industrial Relations
Commission of New South Wales. Provided
also that if such existing payment is less than that otherwise provided by this
Award then the employer shall pay an additional sum so that the payment is so
equal. Provided also that the burden of
proof in showing such existing payment shall be on the employer.
(e) The employer shall not be required
contribute in respect to any period where an employee is absent from his or her
employment on leave without pay ‑ such as unpaid sick leave, maternity
leave or the like, or periods of workers compensation beyond the expiry of any
entitlement to workers compensation make-up pay. Further, an employer shall not be required to make additional
contributions in respect of annual leave and/or long service leave paid out on
termination.
5. Casual Employees
An employer shall make contributions pursuant to this Award
in respect of:
(1) "Casual" employees who are
employed for a minimum of 152 hours during their employment with an employer in
the course of any one year (1st July to 30th June) (hereinafter called
"qualified employees"); and
(2) Qualified
employees in each ensuing year of employment with that employer.
Such contribution shall be made in
respect of the total gross ordinary time earnings earned during that year and
shall be paid to the relevant complying fund at the time of issue to the
employee of his/her annual group certificate.
Where a business is transmitted
from one employer (the transmittor) to another employer (the transmittee) an
employee who worked with the transmittor shall be entitled to count such
service with the transmittor as service with the transmittee for the purpose of
this clause.
6. Qualifying Period
Subject to Clause 5, Casual Employees, employers shall not
be required to contribute superannuation in accordance with this Award for an
employee who has no previous service in the industry of private hospitals, and
nursing homes, charitable institutions and hostels, until the employee has
completed four weeks service in these industries.
Provided that once this period has elapsed, payments in
accordance with subclause (i) of Clause 5 shall be made for the entire period
of service with the employer.
7. Area, Incidence and Duration
(i) This award
was made following a review under s.19 of the Industrial Relations Act 1996.
(ii) This award rescinds and replaces the
Private Hospital and Nursing Homes Professional Employees Superannuation
(State) Award published 19 January 1990 (254 IG 297); Private Health Industry
Employees Superannuation (State) Award published 19 January 1990 (254 IG 291);
and the Charitable Institutions (Professional Employees) Superannuation (State)
Award, published 14 June 1989 (252 IG 847).
(iii) This award shall apply to employed under
the Aged Care General Services (State) Award; Charitable Sector, Aged and
Disability Services (State) Award; Charitable, Aged and Disability Services
(State) Award; Nursing Homes Professional Employees (State) Award; Charitable Institutions
(Professional Paramedical Staff) (State) Award; Charitable Sector (Professional
Social Workers) (State) Award; Private Hospital Employees (State) Award; and
Private Hospital Professional Employees (State) Award.
(iv) It shall take effect from the beginning
of the first pay period to commence on or after 13 June 2001, and shall remain
in force thereafter for a period of 36 months.
J. P. GRAYSON, D.P.
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Printed by the authority of the Industrial Registrar.